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WotC Talks OGL... Again! Draft Coming Jan 20th With Feedback Survey; v1 De-Auth Still On
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<blockquote data-quote="EzekielRaiden" data-source="post: 8904313" data-attributes="member: 6790260"><p>A license that has been "de-authorized" may still be enforced (or at least enforce<em>able</em>) for things published before the new one, because the license <em>was</em> authorized at the time, especially if they choose to word the "de-authorization" clause(s) to that effect. For example, "Starting on <date new license takes effect,> hereinafter the Effective Date, no new Work may use or employ any portion of a previously-authorized portion of this license, unless that Work was wholly published prior to the Effective Date." I am not a lawyer, this is not legal advice, I don't know how to write good contracts, etc., etc., etc.--consider this a loose conceptual framework. The idea being, you draw a date line in the sand: everything <em>before</em> the date the new so-called-Open Gaming License takes effect is frozen in amber, protected by the old license but unable to be edited or modified without switching to the new license.</p><p></p><p>That's how you de-authorize old terms without invalidating all previous agreements made using those terms.</p><p></p><p></p><p>Yes. This is a major reason why so many of us oppose any conception of "de-authorization."</p><p></p><p></p><p>It would depend on exactly how it is worded, but if WotC isn't completely idiotic, there would be no such way. You won't be able to make changes or edits to past works without breaking the terms. Effectively, my expectation is, the new terms will say you <em>are</em> licensed under the so-called-Open Gaming License 2 (or 1.1 or whatever they're calling it now), but that license has a grandfather clause allowing people to continue using parts of the OGL 1.0a <em>if and only if</em> they never change anything about the work in question. Something that could be paraphrased as, "You are licensed under [so-called-]Open Gaming License 2 if your work was published before <effective date>, adhered to the terms of OGL1.0a at the time it was published, and never gets changed after <effective date.>" This creates exactly the situation described, while still forcing people to switch to the new license for anything they wish to publish or modify going forward.</p><p></p><p></p><p>Correct. If anything, it tells us stuff purely by what it <em>doesn't</em> say: they are not interested in providing a truly irrevocable open-gaming license, this is about forcing people to switch to their new, draconian terms. "I am altering the deal, pray I do not alter it any further."</p><p></p><p></p><p>See above. A temporal carve-out solely for works published before (and never edited, updated, or amended after) the effective date of the new license is exactly the kind of shady move I expect WotC to make.</p></blockquote><p></p>
[QUOTE="EzekielRaiden, post: 8904313, member: 6790260"] A license that has been "de-authorized" may still be enforced (or at least enforce[I]able[/I]) for things published before the new one, because the license [I]was[/I] authorized at the time, especially if they choose to word the "de-authorization" clause(s) to that effect. For example, "Starting on <date new license takes effect,> hereinafter the Effective Date, no new Work may use or employ any portion of a previously-authorized portion of this license, unless that Work was wholly published prior to the Effective Date." I am not a lawyer, this is not legal advice, I don't know how to write good contracts, etc., etc., etc.--consider this a loose conceptual framework. The idea being, you draw a date line in the sand: everything [I]before[/I] the date the new so-called-Open Gaming License takes effect is frozen in amber, protected by the old license but unable to be edited or modified without switching to the new license. That's how you de-authorize old terms without invalidating all previous agreements made using those terms. Yes. This is a major reason why so many of us oppose any conception of "de-authorization." It would depend on exactly how it is worded, but if WotC isn't completely idiotic, there would be no such way. You won't be able to make changes or edits to past works without breaking the terms. Effectively, my expectation is, the new terms will say you [I]are[/I] licensed under the so-called-Open Gaming License 2 (or 1.1 or whatever they're calling it now), but that license has a grandfather clause allowing people to continue using parts of the OGL 1.0a [I]if and only if[/I] they never change anything about the work in question. Something that could be paraphrased as, "You are licensed under [so-called-]Open Gaming License 2 if your work was published before <effective date>, adhered to the terms of OGL1.0a at the time it was published, and never gets changed after <effective date.>" This creates exactly the situation described, while still forcing people to switch to the new license for anything they wish to publish or modify going forward. Correct. If anything, it tells us stuff purely by what it [I]doesn't[/I] say: they are not interested in providing a truly irrevocable open-gaming license, this is about forcing people to switch to their new, draconian terms. "I am altering the deal, pray I do not alter it any further." See above. A temporal carve-out solely for works published before (and never edited, updated, or amended after) the effective date of the new license is exactly the kind of shady move I expect WotC to make. [/QUOTE]
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